Child Support Variation Obligations & Colucci v Colucci, 2021 SCC 24

Another major directive from the Supreme Court of Canada concerning the variation of support obligations in the recent case Colucci v Colucci, 2021 SCC 24. This case puts complete onus on the payor to disclose timely, complete, and accurate financial information for both retroactive increases or decreases of their support obligations. It also reaffirms thatContinue reading “Child Support Variation Obligations & Colucci v Colucci, 2021 SCC 24”

Significant Solicitor-Client Costs Award in Family Law Litigation

The recent case, JWS v CJS, 2021 ABQB 411, was specific to the issue of costs, which were reserved after the 19-day Trial concluded in 2016. The Father’s behavior, described as a “scorched earth” approach to the litigation, caused irreparable harm and financial disparity for the Mother and their 5 children. The Father’s behavior wasContinue reading “Significant Solicitor-Client Costs Award in Family Law Litigation”

Hinz v Hinz, 2021 ABQB 385

Justice Fraser rendered a creative decision in finding that the payor Husband underpaid child support in the recent case, Hinz v Hinz, 2021 ABQB 385.  The Court considered leading cases, Michel v Graydon, 2020 SCC 24 and DBS v SRG, 2006 SCC 37, and found that the party’s failure to exchange financial information since 2010Continue reading “Hinz v Hinz, 2021 ABQB 385”

Dobrovolsky v Dobrovolsky, 2021 ABQB 62

Dobrovolsky v Dobrovolsky, 2021 ABQB 62, is an excellent case that serves as a primer on spousal support, matrimonial property, and dissipation in a long-term marriage. The long-standing principle established in the Family Property Act, RSA 2000 F-4.7, (“FPA”), is that marriage is an economic partnership and marital assets should be divided equally amongst theContinue reading “Dobrovolsky v Dobrovolsky, 2021 ABQB 62”

Caplan v Atas, 2021 ONSC 670

A new and debated online harassment tort has been introduced in the recent case Caplan v Atas, 2021 ONSC 670. Highlighting the “inadequacies in current legal responses”, this case is an extreme instance of relentless and malicious cyber stalking. Although a finding of defamation would have yielded similar remedies, the Honourable Justice Corbett’s decision setContinue reading “Caplan v Atas, 2021 ONSC 670”

A.P. v L.K., 2021 ONSC 150

The decision to vaccinate children remains a hot topic in family law. A.P. v L.K., 2021 ONSC 150 is one of many new cases that will serve to inform the Courts as they navigate the influx of parenting conflicts related to COVID-19 and vaccinations. The point at issue was whether the Arbitrator erred in decidingContinue reading “A.P. v L.K., 2021 ONSC 150”

Clare’s Law has come to Alberta

The overall rate of police-reported family violence increased for the 3rd consecutive year, rising 13% over this period as per Statistics Canada. The stressors from COVID-19 have done nothing but exacerbated this issue. Effective April 1, 2021, Alberta has now become the second province in Canada to introduce “Clare’s Law” – known in Alberta asContinue reading “Clare’s Law has come to Alberta”

Dove v MacIntyre, 2021 NSSC 1

In Dove v MacIntyre, 2021 NSSC 1, the Applicant/Mother sought a retroactive variation of child support and an adjustment to the Section 7 expenses after having financed an 18-month dental hygiene program for the parties’ 26-year old daughter. Despite her age and having had periods of self-sufficiency, the Supreme Court of Nova Scotia found thatContinue reading “Dove v MacIntyre, 2021 NSSC 1”

Parenting & the COVID-19 Vaccine

Family law lawyers have seen a myriad of new parenting cases related to the decision to vaccinate their child(ren), which is precisely what occurred in the recent Ontario case AP v LK, 2021 ONSC 150. The Court determined that the crux of the issue on appeal was whether the arbitrator had committed a reviewable errorContinue reading “Parenting & the COVID-19 Vaccine”

Divorce Act Amendments

The long awaited amendments to the Divorce Act come into effect today. The most significant changes relate to:using the term “parenting responsibilities” instead of “custody” or “access”;new guidelines regarding parent and child(ren)relocation; andmandatory consideration of domestic violence, which covers physical, psychological, and financial abuse. For more information, the Department of Justice has provided an overviewContinue reading “Divorce Act Amendments”